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Susan Seller wrote in <a rel="noopener noreferrer" href="https://www.benefitscanada.com/expertpanel_/susan-g-seller/expert-panel-risk-management-target-benefit-framework-among-themes-shaping-pension-industry-in-2024/" target="_blank">Benefits Canada</a> on the anticipated developments in pension law and governance for the upcoming year. The article highlights the focus on risk management, particularly regarding environmental, social and governance factors, cybersecurity, and investment risks. There's also attention on improving governance for defined contribution pension plans, including better communication, member engagement and investment education. She discusses the need for more robust governance and funding policies, handling missing members' entitlements, reporting cybersecurity incidents and the adoption of target-benefit frameworks to address the decline in defined benefit plan coverage.

Risk Management Target Benefit Framework Among Themes Shaping Pension Industry in 2024

Risk Management, Target-Benefit Framework Among Themes Shaping Pension Industry in 2024

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

Michael S. Shakra

Corporate Lawyer at Bennett Jones Toronto

Partner

Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal Assent on April 27, 2023 and is now law, subject to a four-year transitional period before its provisions come into effect.
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New Pension Priorities in Bankruptcy and Insolvency are Closer to Reality

New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

Susan Seller writes in <a rel="noopener noreferrer" href="https://www.benefitscanada.com/pensions/governance-law/expert-panel-air-canada-decision-illustrates-danger-of-relying-on-pension-plan-terms-in-wrongful-dismissal-actions/" target="_blank">Benefits Canada</a> on the potential issues caused by exclusive dependence on the terms of pension plans during wrongful dismissal proceedings. Susan outlines a recent court decision involving Air Canada—in which an employee who was dismissed after 37 years of service claimed that his pension benefits were improperly calculated—and reviews the importance of language in pension plan text as well as risk mitigation strategies that companies can adopt to prepare them to avoid and counter these kinds of claims.

Expert Panel Air Canada Decision Illustrates Danger of Relying on Pension Plan Terms

Expert Panel: Air Canada Decision Illustrates Danger of Relying on Pension Plan Terms in Wrongful Dismissal Actions

Susan Seller writes in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.benefitscanada.com/expertpanel_/susan-g-seller/expert-panel-an-update-on-regulatory-oversight-of-pension-risk-management/?utm_source=EmailMarketing&utm_medium=email&utm_content=benefitscanada.com&utm_campaign=Benefits-Canada-Daily-Newsletters&oft_id=114899907&oft_k=VeaHvWcr&oft_lk=EsTp3E&oft_d=638066216812900000&fpid=455439&m32_fp_id=x8bVfO&ctx=newsletter&m32_fp_ctx=DI_MASTER_Relational" target="_blank">Benefits Canada</a> on the newly developed CAPSA committee aimed at developing risk management guidelines for pension plans. Susan explores how the feedback garnered from the Office of the Superintendent of Financial Institutions could influence the findings and initiatives brought up by this new committee.

An Update on Regulatory Oversight of Pension Risk Management

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Jie (Kevin) Zhou

M&A, Private Equity and Corporate Lawyer at Bennett Jones Calgary

Jesse Fontaine

Commercial Transactions Lawyer at Bennett Jones Edmonton

Associate

The Ontario Court of Appeal confirmed that earn-out acceleration clauses are to be interpreted contextually, with materiality turning on a transaction&rsquo;s impact on the earn-out regime rather than its size or value. The decision reinforces the exceptional nature of earn-out acceleration remedies and the importance of precise drafting in share purchase agreements.

ONCA Affirms Denial of Claim for Earn Out Acceleration

ONCA Affirms Denial of Claim for Earn-Out Acceleration

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Shadow AI is increasingly present in workplaces as employees adopt unauthorized AI tools to improve efficiency, often without organizational oversight. While these tools may offer short-term productivity gains, they create significant compliance, governance, privacy and liability risks. This post examines the drivers of shadow AI, the risks it poses and practical strategies organizations can implement to manage and mitigate those risks.

Hiding in the Shadows The Perils of Shadow AI on Your Organization

Hiding in the Shadows: The Perils of Shadow AI on Your Organization  

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Chyna Brown

Commercial Litigation Lawyer at Bennett Jones Calgary 

In Royal Bank of Canada v Patterson Dental Canada Inc, the Alberta Court of Appeal clarified how PPSA priority rules apply where assets used in a corporate business are personally owned by a director. The Court confirmed that ownership and registration against the correct debtor are decisive in priority disputes, and provided guidance on the treatment of leases and the proper distribution of holdbacks in insolvency sales.

Alberta Court of Appeal Clarifies PPSA Priorities in Insolvency Sales

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Pascale Dionne-Bourassa

Civil and Commercial Litigator, Construction Law Lawyer at Bennett Jones (Québec) LLP

Montréal Managing Partner

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Bennett Jones partners <a href="/People/E/Eizenga-Michael">Michael Eizenga</a>, <a href="/People/D/Dionne-Bourassa-Pascale">Pascale Dionne-Bourassa</a>&nbsp;and <a href="/People/B/Booth-Katherine">Katherine Booth</a>&nbsp;have co-authored The Canadian Class Actions Handbook, published by LexisNexis. Building on The Class Actions Handbook released in 2022, this new edition brings together the core principles of class proceedings law and provides essential coverage of recent developments across Ontario, Quebec, British Columbia and the Federal Court.

The Canadian Class Actions Handbook

Nina Butz

Litigation Lawyer at Bennett Jones Toronto

In RateMDs Inc. v. Bleuler, 2025 BCCA 329, the BC Court of Appeal overturned certification of a proposed privacy class action, finding that the plaintiff's novel claims that use of health professionals' names violated their privacy and amounted to commercial exploitation under provincial privacy statutes were bound to fail.

BC Court of Appeal dismisses proposed privacy class action

BC Court of Appeal Dismisses Proposed Privacy Class Action; Finds Use of Professionals' Names Was Not Commercial Exploitation 

The Canadian Institute's 12th Annual Advanced Forum on Pension Reform

Authors


Bennett Jones Speaking Engagement The Canadian Institute's 12th Annual Advanced Forum on Pension Reform January 25, 2011 Authors Susan G. Seller presented at and authored a paper entitled, "Terminations, Severance and Pension Plans: Meeting New Legal Obligations," at the Canadian Institute's 12th Annual Advanced Forum on Pension Reform, Litigation & Governance in Toronto, Ontario, at the Sutton Place Hotel. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Peter Zvanitajs at ZvanitajsP@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors , • •